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Misrepresentation sample question

On August 1st A placed an advertisement in a newspaper as follows:


“MG Sports Car for sale. 6000 or nearest offer.”
B read the advertisement in the newspaper and wrote to A on August 1 st asking if B could buy it
for 5000. A responded that he could not accept anything less than 5500. B read the letter but
did not respond as he got busy and forgot about it.

C read the advertisement and emailed A on August 2nd saying he could pay the price but could
he please pay in two installments. A responded that he was in need of the cash and could not
accept that condition.

A remembered that D wanted to buy his car so he wrote to D on August 2 nd saying that the car
was for sale and described it as a ‘mint condition’ MG Sports Car. D responded via email that he
could purchase the car. A had forgotten his email password and even though the email was sent
by D on August 3rd A only reset his password and read the email on the 6 th of August. When D
later finds out that it is not a mint condition MG Sports Car, he is keen to return the car back to
A.

(a). Advise A as to whom he has entered into a contract with.

(b). Advise D as to whether he can return the car back to A.

Fraud sample question

1. Katherine asked her father for £500 saying she needed it to pay her tuition fee. In reality
Katherine’s tuition fee was only £250. She was going to use the rest of the money to buy a
ticket to a show where the band Two Directions was performing. She did not tell her father this.
Katherine booked an appointment at the salon on the day of the concert. She saw that the
salon was offering a reduced rate for those who were celebrating their birthday that week.
Katherine’s birthday was a long time away but she convinced the hairstylist that it was in fact
her birthday week and got a discount on her hair cut.
Katherine then remembered that she had her friend’s debit card with her. She saw some hair
products she was very keen to buy and produced her friend’s debit card and paid with it.
Katherine’s friend had no idea the debit card was with Katherine. In fact, she had thought it was
lost.

(a). Discuss Katherine’s liability under Fraud Act 2006 for each offence committed here. (20)

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